Hawaii car accident laws

Last checked 1 July 2026

Hawaii’s core structure — no-fault PIP, a serious-injury threshold to sue — hasn’t changed. But the minimum insurance every driver must carry increased substantially at the start of 2026, which matters if you’re checking whether the other driver’s coverage is likely to be enough.

A 2024 Hawaii accident and a 2026 Hawaii accident could involve completely different minimum insurance requirements on the other driver's policy.

Hawaii car accident laws at a glance

Hawaii car accident rules, what applies and the statute

Rule	What applies in Hawaii	Statute	Detail
Deadline to file an injury lawsuit	2 years	Haw. Rev. Stat. §657-7	Read more
Fault rule	Modified comparative negligence, 51% bar	See the section	Read more
Insurance system and minimums	2026 minimum increase to 40/80/20	Haw. Rev. Stat. §431:10C-301 (as amended by SB2342 CD1, eff. 1 Jan 2026)	Read more
Wrongful death deadline	Two years from the date of death	See the section	Read more

Last checked 1 July 2026. Each row links to the section that explains it, with the statute.

How long do I have to file a car accident lawsuit in Hawaii?

Under HRS §657-7, you generally have two years from the date of the accident to file a lawsuit for injury or property damage. One genuine complexity: Hawaii courts have held that this two-year clock can, in some circumstances, run from the date of your last PIP payment rather than the accident date itself — worth confirming precisely rather than assuming.

What if I was partly at fault in Hawaii?

Hawaii applies modified comparative negligence: you can recover damages if you’re found 50% at fault or less, reduced by your percentage. At 51% or more, you recover nothing.

What car insurance does Hawaii require?

Hawaii is a no-fault state — HRS §431:10C-306 abolishes ordinary tort liability between insured drivers, so your own PIP (minimum $10,000) pays first, regardless of fault. To sue for pain and suffering, your injury generally needs to meet a “serious injury” threshold: permanent loss of a body function, significant permanent disfigurement, or a significant impairment.

Effective January 1, 2026, Hawaii’s minimum liability limits increased substantially, from 20/40/10 to 40/80/20: $40,000 per person and $80,000 per accident for bodily injury, plus $20,000 for property damage.

RelatedCar accident with no insuranceHow UM/UIM coverage works when the other driver can’t pay.

How this plays out in a real claim

Take an intersection collision where fault is genuinely disputed. If an insurer or court assigns you 40% of the blame, Hawaii’s rule still lets you recover 60% of your damages, and even at exactly 50% you still recover half. But at 51% or more, the claim is barred entirely — not reduced, eliminated. That one-point difference between 50% and 51% is exactly why insurers have a real incentive to push a borderline case just over the line rather than simply discount what they pay.

What mistake should I avoid after a crash in Hawaii?

Because a single percentage point at the 51% threshold can be the entire difference between a reduced payout and nothing at all, careless statements at the scene or to an adjuster carry more weight here than in a pure comparative state. Avoid speculating about fault, even casually, until the full picture — police report, witnesses, any available footage — is in front of you.

What if a government vehicle or agency was involved?

A claim against the State of Hawaii must be presented within two years of when it accrues (Haw. Rev. Stat. §662-4) — the same length as Hawaii’s general deadline, rather than the dramatically shorter notice window many other states use. That said, the practical trap is the same one that shows up in every state with this pattern: the state needs time to review and respond to your claim, so treating the two-year mark as a safe cutoff for filing notice can still leave you without enough runway to actually sue if the claim is denied late.

What is the deadline if the crash caused a death?

Hawaii gives two years from the date of death for a wrongful death claim (Haw. Rev. Stat. §663-3), matching the general personal injury deadline. Hawaii’s law explicitly extends the same wrongful-death rights to “reciprocal beneficiaries” (a legal status available to couples who can’t or don’t marry) as it does to spouses. As in several other states, punitive damages aren’t recoverable in a wrongful death claim itself, only in a separate survival action.

Beyond the deadline and the fault rule

The statute of limitations and the fault rule above decide whether you have a claim and how much of it survives — they don’t decide what the claim is actually worth, or whether it’s worth handling yourself. For that, see our guides on what affects a settlement, who pays your medical bills while a claim is pending, and whether Hawaii law makes a lawyer worth it for your specific situation.

When should I talk to a lawyer in Hawaii?

If your injury might meet the serious-injury threshold, or you’re unsure which insurance minimums apply to your accident date, a conversation with a qualified lawyer can clarify quickly.